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Vasu Singh   12 June 2021

Desertion by husband

My neighbor has been staying at her maternal home for the past 5 years with her son who is around 4 years now. Her husband does not stay with her and comes to meet them once in a while. She has asked him to take her many times but he always makes excuses. Can she file any against the case against him to make sure that he lives with them and takes care of his family?  

 6 Replies

Sankaranarayanan (Advocate)     12 June 2021

Ask her to disclose the facts and reason for her husband away from her and children. What   is he maintain his family right? 

Advocate Bhartesh goyal (advocate)     12 June 2021

She has many options, she can file petition for restitution of conjugal rights against her husband and if he does not even respond then she can seek divorce. Besides the above she can file maintenance petition u/sec 125 of Cr.P.C and claim maintenance for her and her son .Also she can initiate proceedings against her husband under provisions of Domestic Violence Act and claim shareholder.

Dr J C Vashista (Lawyer)     13 June 2021

There can be many problems where the husband do not live his wife/ child, which  no one would like to stay away.

You have concealed some relevant and vital facts which cannot be presumed by experts on this platform.

Let the couple may resolve their problem amicably, if any, without adoption of legal recourse / remedy available 

P. Venu (Advocate)     13 June 2021

The posting suggests no legal issues or legal elements. Why you wish to push the couple into marital discord?

T. Kalaiselvan, Advocate (Advocate)     14 June 2021

If the husband neglect or fail to maintain the wife and even do not come to meet her then the wife can file the following legal cases:

1. To file a restitution of conjugal rights case before a family court;

2. She can file a maintenance case under section 125 Cr.p.c. seeking monthly maintenance for her and her child;

3. She can file a domestic violence case seeking residential rights , monthly maintenance , compensation for the acts of domestic violence, return of her articles,etc.

She may have to consult a local lawyer and proceed as suggested.


P. Venu (Advocate)     14 June 2021

With due respect to my learned friends, all that is posted is that"Her husband does not stay with her and comes to meet them once in a while. She has asked him to take her many times but he always makes excuses". The posting is by a third person, not even the parents or the brother of the lady concerned. 

In my considered opinion that,  in the absence of any specific information, facts posted are inadequate to conclude or infer desertion on the part of the husband. As such, it is too hasty to suggest any remedy;

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